Statute Details
- Title: Singapore Tourism (Waiver of Fees for Licences for Tourist Guides) Regulations 2009
- Act Code: STBA1963-S38-2009
- Type: Subsidiary Legislation (SL)
- Enacting Formula: Made by the Singapore Tourism Board with the approval of the Minister for Trade and Industry
- Authorising Act: Singapore Tourism Board Act (Chapter 305B)
- Key Enabling Powers: Sections 8 and 26 of the Singapore Tourism Board Act
- Commencement / Effective Period (as stated): Waiver applies from 15 February 2009 to 31 December 2010 (both dates inclusive)
- Key Provision: Regulation 2 — Waiver of fees
- Related Legislation: Singapore Tourism (Licensing and Control of Tourist Guides) Regulations (Rg 1)
- Regulatory Target: Fees payable for licences granted by the Board to tourist guides under the licensing framework
- Publication / Instrument Number: S 38/2009
- Status (per extract): Current version as at 27 Mar 2026 (with the instrument originally made on 13 Feb 2009)
What Is This Legislation About?
The Singapore Tourism (Waiver of Fees for Licences for Tourist Guides) Regulations 2009 is a short, targeted piece of subsidiary legislation. In essence, it temporarily removes (waives) the requirement to pay certain licence fees for tourist guides during a defined period. The waiver is not a general reform of the tourist guide licensing regime; rather, it is an exception carved out for a specific time window.
In plain language, the Regulations address a practical cost issue for tourist guides. Under the broader licensing and control framework for tourist guides, licences are typically subject to fees. This 2009 instrument overrides that fee requirement for licences granted by the Singapore Tourism Board (the “Board”) within the specified dates. The policy rationale is not stated in the extract, but the mechanism is clear: it reduces financial barriers for individuals seeking or holding tourist guide licences during the waiver period.
Because the Regulations operate as a “notwithstanding” provision, they are designed to prevail over the fee rule in the earlier tourist guide licensing regulations. This makes the instrument legally effective even if the underlying fee provision would otherwise require payment.
What Are the Key Provisions?
Regulation 1 (Citation) provides the short title: the Regulations may be cited as the “Singapore Tourism (Waiver of Fees for Licences for Tourist Guides) Regulations 2009”. This is standard drafting and primarily assists in legal referencing.
Regulation 2 (Waiver of fees) is the operative provision. It states that, notwithstanding regulation 5(2) of the Singapore Tourism (Licensing and Control of Tourist Guides) Regulations (Rg 1), no fee shall be payable for any licence granted by the Board under regulation 4(2) of those Regulations during the period between 15 February 2009 and 31 December 2010 (both dates inclusive).
Practitioners should note the legal architecture embedded in this single sentence:
- “Notwithstanding regulation 5(2)”: This is a supremacy clause within the subsidiary legislation framework. It signals that even if the licensing regulations ordinarily require a fee under regulation 5(2), the waiver regulation overrides that requirement for the specified licences and period.
- “No fee shall be payable”: The effect is absolute for the relevant licences during the relevant dates. It is not framed as a discretionary waiver or a partial reduction; it is a categorical exemption.
- “for any licence granted by the Board under regulation 4(2)”: The waiver is tied to the specific category of licences contemplated by regulation 4(2) of the licensing and control regulations. This means the waiver does not necessarily apply to every possible licence or permit under the broader regime—only those licences granted under the referenced provision.
- “during the period between 15th February 2009 and 31st December 2010”: The waiver is time-bound. Licences granted outside this window would not automatically benefit from the waiver (unless another instrument provides a similar exemption).
From a compliance and advisory perspective, the key interpretive questions are therefore (i) what licences fall within regulation 4(2) of the licensing regulations, and (ii) whether the relevant “licence granted” date is the date of issuance by the Board (as opposed to an application date). The text uses “licence granted”, which typically points to the date the Board grants/issued the licence.
Enacting and procedural elements also matter. The Regulations were made on 12 February 2009 (as stated in the extract) by the Chairman of the Singapore Tourism Board, with the approval of the Minister for Trade and Industry. The instrument is also stated to be “to be presented to Parliament under section 26(4)” of the Singapore Tourism Board Act. This indicates that the Regulations are not merely administrative; they are subject to the statutory process for subsidiary legislation.
How Is This Legislation Structured?
The Regulations are extremely concise and consist of:
- Regulation 1: Citation (short title).
- Regulation 2: Waiver of fees (the substantive rule).
There are no additional parts or schedules in the extract. The instrument functions as a targeted amendment-by-exception to the existing tourist guide licensing regime, by expressly overriding a specific fee provision for a defined period.
Who Does This Legislation Apply To?
The Regulations apply to persons who are seeking or receiving licences as tourist guides under the Singapore Tourism (Licensing and Control of Tourist Guides) Regulations. However, the direct legal beneficiary is the applicant/holder of the relevant licence, because the Regulation removes the requirement that a fee be payable for licences granted by the Board during the waiver period.
On the administrative side, the Regulations apply to the Singapore Tourism Board in the exercise of its licensing powers. The Board must treat the fee as waived for licences granted under the referenced licensing provision during the specified dates. Practically, this affects how the Board processes applications, issues invoices, and records fee waivers for that period.
Why Is This Legislation Important?
Although the Regulations are short, they are important because they create a clear legal entitlement: during the waiver period, no fee is payable for the specified tourist guide licences granted by the Board. For practitioners, this matters in at least three contexts: (1) advising applicants on whether they must pay fees, (2) resolving disputes about fees charged during the waiver window, and (3) ensuring correct administrative handling by the Board.
First, the “notwithstanding” drafting reduces ambiguity. Where a fee provision exists in the licensing regulations, a waiver regulation of this kind ensures that the fee requirement cannot be enforced contrary to the waiver. This is particularly relevant if there were administrative practices or fee schedules that might otherwise have required payment.
Second, the time-bound nature of the waiver means practitioners must be careful about the date of licence grant. A common practical issue is whether a person who applied during the waiver period but received the licence after 31 December 2010 would still be exempt. The text points to “licence granted” rather than “application made”, suggesting that the exemption turns on the grant date. Conversely, a person whose licence was granted within the period should not be charged a fee for that licence, even if the application was made earlier.
Third, the Regulations illustrate how Singapore’s subsidiary legislation framework can be used to implement policy adjustments without rewriting the entire licensing regime. Instead of amending the licensing and control regulations directly, the Board uses a separate waiver instrument to temporarily suspend a fee obligation. This approach can be faster to implement and easier to reverse once the policy objective has been achieved.
Related Legislation
- Singapore Tourism Board Act (Chapter 305B) — the authorising Act providing the Board’s powers to make subsidiary legislation and to regulate licensing matters.
- Singapore Tourism (Licensing and Control of Tourist Guides) Regulations (Rg 1) — the principal licensing framework referenced for the fee rule (regulation 5(2)) and the licence category (regulation 4(2)).
Source Documents
This article provides an overview of the Singapore Tourism (Waiver of Fees for Licences for Tourist Guides) Regulations 2009 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.